
Glass LB i-^x 

Book - '^J- 











PASSED BY THE 



BOARD OF EDUCATION 



OF THE 



STATE OF ALABAMA, 



AT THE 



SESSION OF 1872, 



AISTD 



APPROVED BY THE GOVERNOR. 




MONTGOMERY, ALA.: 
-A.iiTia:xj3R Biisrc3H3:-A.3s^, ST-A.TE ip:rxisti:e'r 

1873. 



■•^S®^"^' 




3 



PASSED BY THE 



T 



STATE OF ALABAMA. 



SESsioisr o:f^ 187;^. 



APPROVED BY THE GOVERNOR. 



Mojs^tgomeey, Ala. : 

AKTHUR BINGHAM, STATE PRINTER. 
1873. 



2^7 






m EXCHANGE. 



/^ 



ACTS. 



[No. 1.] AN ACT 

For the relief of Alexander McKinstrj^, 

Be it enacted by tlie Board of Education of the State 
of Alabama, That the Superintendent of Education for 
the county of Mobile be and he is hereby instructed to 
pay out of any unexpended school funds belonging to 
said county, warrant No. 20, dated February ] 6th, 1871, 
for the sum of two hundred and ninety-one QQ-1 00 dol- 
lars, and payable to G-. L. Putnam, and transferred by 
said Putnam to Alexander McKinstry. 

Approved December 2, 1872. 



[No. 2.] AN ACT 

For the relief of Mrs. Sophia W. Martin. 

Be it enacted by tlie Board of Education of tlie State 
of Alabama, That the Superintendent of Education of 
Dale county is hereby authorized and required to pay 
Mrs. Sophia W. Martin for services rendered as teacher 
in township five, range twenty-three. Dale county, in the 
year 1871, the amount of one hundred and fifty-seven 
dollars, or so much thereof as is justly due her ; said 
amount to be paid out of the funds apportioned for the 
years 1872-73 : Fromded, That a majority of the white 
citizens of said township shall sign a legal relinquish- 
ment of their claims to the fund apportioned to said 
• township for the years 1872-3. 

Approved December 2, 1872. 



/ 4 

[IVTo. 3.] AH ACT 

To provide a Contingent Fund, 

Section 1. Be it enacted Ijy tlie Board of Education- 
of the State of Alabama^ That tlie sum of one thousand 
dollars be and is hereby appropriated 'from" the general 
school fund to provide for the contingent ex^Denses of the 
Board of Education and Superintendent of Public In- 
struction. 

Sec. 2. Be it further enacted, That the Superintend- 
ent of Public Instruction shall certify to such claims and 
accounts as he shall order paid out of such contingent 
fund, to the State Auditor, who shall draw his warrant 
on the State Treasurer for the amount of said claims and 
accounts, in favor of the persons to whom said claims 
are due. 

Approved December 2, 1872. 



[No. 4.] AN ACT 

For the relief of E. Mancill, Superintendent of Educa- 
tion for Covington county. 

Be it enacted by the Boards of Education of the State 
of Alabama, That the action of E, Mancill, Superintend- 
ent- of Education for Covington county, in paying the 
claim of J. S, Williamson for seventy-five dollars, for 
services rendered, be and the same is hereby approved. 

Approved December 3, 1872. 



[No. 5.] AN ACT 

For the relief of Frank Dillon. 

Section 1. Be it enacted by the Board of Education 
of the State of Alabama, That the Superintendent of 
Public Instruction be authorized, and he is hereby re- 



5 

quired to certify to tlie Auditor the account of Frank 
Dillon, county Superintendent for St. Clair county, for 
one hundred and fifty ($150) dollars for settling up the 
Ibusiness of his predecessor in ofB.ce. 

Sec. 2. Be it further enacted, That the State Auditor 
shall draw his warrant for said amount upon the State 
Treasurer, when so certified, in favor of the said Frank 
Dillon, to be paid out of any funds belonging to said 
county of St. Clair. 

Approved December 3, 1872. 



[No. 6.] AN ACT 

For the relief of Thomas H. Yarbrough. 

Be it enacted hy the Board of Education of the State 
of Alabama, That the county Superintendent of Ran- 
dolph be authorized and he is hereby required to pay 
Thomas H. Yarbrough the amount of one hundred dol- 
lars for services rendered as a teacher in a public school, 
in township twenty-two (22), range twelve (12), out of any 
unexpended funds belonging to said township, appor- 
tioned to it prior to the year 1871 and 1872. 

Approved December 14, 1 872. 



[No. 7.] . AN ACT 

For the relief ofM. F. Whatley and Ed. W. Sewell, 
Teachers of Public Schools. 

Sectioist 1. Be it enacted hy the Board of Education 
of the State of Alabama, That the county Superintend- 
ent of Clarke county be authorized and is hereby required 
to pay M. F. Whatley the amount of one hundred and 
fifty dollars, or so much thereof as is justly due him, for 
services rendered as a teacher of a free public school, 
in township seven (7), range two (2) east, in the year 
i867 ; and to pay Ed. W. Sewell the sum of ninety dol- 



6 

lars, or so mucli thereof as is justly due him for ser- 
vices rendered as a teacher of a free public school in 
township seven (7), range one (1) east, for the year 1871-2 ; 
said sums to be paid out of anj^ unexpended funds be- 
longing to said county, after paying all legal claims due 
any townshp out of the unexpended funds belonging to 
said townships, for the respective years in which said 
claims accrued. 

Sec. 2. Be it further enacted, That if there is not suf- 
ficient unexpended funds remaining, after paying all legal 
claims, to pay the full amount due the said M. F. What- 
ley and Ed. W. Sewell, the county superintendent shall 
pay their accounts pro rata. 

Approved December 14, 1872. 



[No. 8.] AN ACT 

To empower County Superintendents to appoint Exam- 
ining Committees. 

Be it enacted hy the Board of Education of the State 
of Alahama, That the county Superintendents may ap- 
point suitable persons in various j)arts of their respective 
counties, for the purpose of examining teachers for pub- 
lic schools ; the said persons appointed shall not draw 
any of the public school fund for their services: Pro- 
mded, This act shall only apply to the Sixth Congres- 
sional District . 

Approved December 14, 1872. 



[No. 9.] AN ACT 

To provide for the introduction of "Brown's First Lines 
in Grammar," and "Brown^s Institutes of Grammar," 

into the Free Public Schools of the State. 

♦ 

Section 1. Be it enacted Ity the Board of Education 
of the State of Alabama, That "Brown's First Lines in 



Grammar," and "Brown's Institutes of Grammar" be 
and the same are hereby adopted as a uniform st?ndard 
for this branch of study in the free public schools of this 
State. 

Sec. 2. Be it furtlier enacted. That the proposition 
from William Wood & Co., of ]^ew York, through their 
agent, W. B. Smith, which is in the following words, to- 
wit : "That said William Wood & Co. offer and agree to 
furnish for introduction said Grammars, in exchange for 
those now in use in this State, of corresponding grade, 
without any cost whatever to the pupils of the free pub- 
lic schools," be and the same is hereby accepted. 

Sec, 3. Be it furtlier enacted, That said Grammar 
shall be introduced and distributed into tlie free public 
schools of this State, under such rules and regulations as 
may be prescribed "by the Superintendent of Public In- 
struction. 

Sec. 4. Be it furtlier enacted, That the Board of Edu- 
cation accept the proposal of said William Wood & Co., 
set forth in section two (2) of this act, on the condition 
that, after the introduction of said Grammar into the free 
public schools, they shall be famished the pupils thereof 
at not a greater sum than forty- live cents each for "First 
Lines" of English Grammar, and one dollar each for 
"Institutes of English Grammar": Promded, This 
agreement shall continue during the pleasure of a ma- 
jority of the Board of Education. 

Sec. 5. Be it further enacted, Tljat the exchange of 
books provided for in this act shall be open for one 3^ear, 
otherwise the contract shall be null and void. 
. Sec. 6. Be it further enacted. That all laws, or parts 
of laws, in conflict with this act be and the same are 
hereby repealed. 

Approved December 14, 1872. 



[No. 10.] AN ACT 

To provide for the distribiition of all the surplus and un- 
expended funds belonging to the years 1868, 1869, 1870, 
and 1871. 

Section" 1. Be it enacted hy the Board of Education 
of the State of Alabama, That the county Superintend- 



8 

ents . of Education throngliout the State, are liereby 
anthorized and directed to pay all teachers who have 
been employed to teach, and who have taught in the free 
public schools of the State, whatever sums of money may 
be due them for such services from any unexpended 
funds belonging to the township in which said teachers 
may have taught during the years 1868, 1869, 1870, and 
1871. 

Sec. 2. Be 'it fiirtlier enacted^ That in the distribu- 
tion of said funds, the county Superintendents of Edu- 
cation shall divide the surplus funds of each year pro 
rata among the teachers who taught during the year, 
should there not be sufficient funds to pay all such legal 
and subsisting claims for that particular year ; but should 
there be a surplus after paying all such claims, the county 
Superintendents shall briog forward said surplus and 
add it to the funds of the next succeeding year, and so 
bring forwaid and distribute said funds each year, until 
all the funds belonging to the years named are exhausted : 
Ffomded alioays, That reference shall be had to the 
priority of the claims in each respective year. 

Sec. 3. Be it further enacted, That should there be any 
unexpended funds after all such claims have been ad- 
justed for the years 1868, 1869, 1870, and 1871, it shall 
be the duty of the county Superintendents to bring such 
funds forward and add them to the funds of 1872. 

Sec, 4, Be it further enacted, That all laws and parts 
of lav/s in conflict "v^ith the provisions of this act be and 
the same are hereby repealed. 

Approved December 14, 1872. 



[Fo. 11.] AN ACT 

To regulate the introduction of Text Books into the Free 
Public Schools, and for the protection of Teachers. 

SscTioTS" 1 . Be it enacted 'by the Board of Education 
of the State of Alabama, That no text book or series of 
books shall be adopted by the Board of Education, Su- 
perintendent of Public Instruction, or other schooloffi- 



cer for exclusive use in tlie free public scliools through- 
out the entire State, or throughout any entire county in 
the State, except by an act of the Board of Education. 

Sec. 2. Be it further enacted, Tiiat neither the Board 
of Education, nor the Superintendent of Public Instruc- 
tion, nor any school officer, or agent of any school offi- 
cer, shall enter into any agreement or contract with any 
publisher, or other person, for the exclusive use of any 
text book, or series of text books, in the free public 
schools throughout the entire State, or throughout any 
entire county, until said contract shall be submitted in 
writing to the Board of Education, and said contract 
shall have no force or effect until it is approved by an act 
of the Board of Education . ■ 

• Sec. 3. Be itfurtlier enacted^ That no teacher in any 
free public school shall be required to certifj^' in any re- 
port required by law, that he' uses any text book or se- 
ries of text books, except such as are adopted in accord- 
ance with the provisions of this act . 

Sec. 4. Be it furtlier enacted^ That any county Su- 
perintendent, or other school officer, who shall refuse to 
approve the contract of any teacher of a free public 
school, or refuse to pay any teacher of a free public 
school the amount due him for services rendered, be- 
cause of the failure or refusal of said teacher to intro- 
duce or us6 any text book, or series of text books, ex- 
cept said book or series of books has been adopted by the 
Board of Education, in accordance with the provisions of 
this act, shall be guilty of malfeasance in office, and 
shall be forthwith removed by the Superintendent of 
Public Instruction, upon satisfactory proof of such re- 
fusal. 

Sec. 5. Be it further enacted, That all laws or parts 
of laws militating against or in conflict with this act be 
and the same are hereby repealed. 

Approved December 14, 1873. 



[No. 12.] AN ACT 

To require County Superintendents of Education to have 
an office at the count}^ seat of their respective counties. 

Section 1. Beit enacted ly tlie Board of Education 
of the Biate of Alahama, That on and after the first day 



\ 



10 

of January, 1873, county Superintendents of Education 
be and are liereby required to have an office at the county 
seat of their respective counties, and that they shall, on 
each Saturday of each week, be present at and keep 
open their offices for transacting' business with the offi- 
cers and teachers of the free public schools. 

Sec, 2 . Be it furtJier enacted, That all laws or parts 
of laws in conflict with this act be and the s?5i me are here- 
by repealed. 

Approved December 14, 1872. 



[No. 13.] . AN ACT 

To provide for bringing suit against defaulting School 

Officers. 



Sectioist 1. Be it enacted J)y tlie Board of Education 
of the State of Alahama, That the Superintendent of 
Public Instruction is hereby authorized and empowered 
to bring suits in the proper- courts of this State against 
all school officers who are in default, and their bondsmen 
on their official bonds. 

Sec. 2. Be itfurtlier enacted. That said Superintend- 
ent of Public Instruction be and is hereby authorized to 
employ such counsel as may be necessary to prosecute 
such delaulting school officers. 

Sec. 3. Beit further enacted, That all laws and parts 
of laws in conflict with this act be and the same are here- 
by repealed . 

Approved December 14, 1872 . 



[No. 14.] AN ACT 

To constitute the city of Selma a School District, and for 
the regulation of Public Schools therein. 

Sectiojst 1. Be it enacted hy the Board of Education 
of the State of Alabama, That the corporate limits of 



11 

the city of Selma sliall constitute a school district, and 
separate from the remaining school district of the county 
of Dallas. 

Seg. 2. Be itfurtJier enacted^ That the city of Selma, 
as such school , district, shall receive its proportional 
share of the public school funds, including a pro rata- 
share of the sixteenth section fund of each township that 
lies partly within the corporate limits of said city ; said 
fund to be drawn and disbursed by the city Superin- 
tendent of Education in the same manner as county Su- 
perintendents of Education draw and disburse funds, 
for their respective counties, and the amount thus drawn 
by th$ city Superintendent of Education shall be used 
exclusively for the maintenance of public schools in said 
city. 

Sec. 3. Be it furtlier enacted, That W. C. Ward is 
hereby constituted and continued Superintendent of Ed- 
ucation for said city of Selma, and as such Superin- 
tendent shall give bond, and qualify as required by law 
of county Superintendents, and shall be commissioned 
as Superintendent of Public Schools in the city of Selma, 
and said Superintendent is hereby authorized to co-op- 
erate with the city Board of Education of the city of 
Selma in keeping up schools in the city of Selma ; and 
he is also fully empowered and authorized to make with 
the educational institutions in the city of Selma all such 
necessary and proper arrangements for the keeping up,, 
managing and conducting the schools in said city, as may 
be found best for the interests 'of the citizens of said 
city. 

Sec. 4. Be it further enacted, That the Superintend- 
ent of Education for the city of Selma. shall be under the 
jurisdiction and control of the Superintendent of Public 
Instruction of the State of Alabama, and, in the event of 
a vacancy occurring at any time, by death, resignation, 
or removal from office, for any legal cause of removal, 
such vacancy shall be filled by appointment by the Su- 
perintendent of Public Instruction of the State of Ala- 
bama, and such appointee shall give bond and qualify as 
other county Superintendents. 

Sec. 5. Be it further enacted, That the said Superin- 
tendent of Education, in and for the city of Selma, shall 
receive for his services five per centum on the funds drawn 
by him from the State for the support of public schools 
in the city of Selma, to be paid out of the funds drawn 
by him for said schools : Provided, That in no event, 



12 

liis compensation shall exceed tlie sum of one Imndred 
dollars per annum. 

Sec. 6. Be itfiirtlier enacted^ That the City Superin- 
tendent shall, during the month of May, 1873, and every 
two years thereafter, cause to be made an enumeration of 
all the children, white and colored, male and female, be- 
tween the ages of five years and twenty-one years, who 
reside in the corporate limits of Selma, and make report 
thereof to the Superintendent of Public Instruction of 
the State of Alabama, by or before the first day of Oc- 
tober in each year in which the enumeration shall be 
taken as provided in this section, and compensation shall 
be allowed for such enumeration not to exceed five cents 
lor each person enumerated : Provided, That such com- 
pensation may be paid out of the funds raised by the 
city of Selma for school purposes. 

Approved December 14, 1872. 



[No. 15.] AN ACT 

To establish a city Public School in the city of Opelika. 

Section 1. Be it enacted, hy tlie Board of Education 
of the State of Alabama, That the corporate limits of 
the city of Opelika shall constitute a school district, sep- 
arate and distinct from the remaining school districts 
and parts of school districts of the county of Lee, and 
the general law regulating the public schools of the State, 
shall apply to said school district, except as hereinafter 
provided. 

Sec. 2. Be it furfher enacted. That the public schools 
of the city of Opelika shall be under the control of the 
city board of trustees, consisting of nine members, to be 
elected by the city council of Opelika, at their first meet- 
ing in Julj^, 1873, of whom five shall constitute a quorum 
for the transaction of business. 

Sec. 3. Be it further enacted, That the board of 
trustees, at their first meeting, shall elect one of their 
number chairman, and a treasurer, who shall give bond 
in double the amount of any monies that may come into 
his hands ; and said board of trustees shall exercise all 
powers, be subjected to all the duties prescribed by law 



13 

for townsliip board of trustees, but in addition to sncli 
powers and duties may exercise all other powers and dis- 
charge all other duties imposed by the ordinances of the 
city council, for the city of Opelika, so far as may be in- 
volved in the collection and distribution of money arising 
from local and special laws, or from any other source, 
and not derived from the school fund of the State. 

Sec. 4. Be it furtlier enacted^ Said city board of 
trustees shall have power to elect a city superintendent 
of j)ublic schools, and such other teachers as may be 
necessary in said schools, and shall establish such rules 
and regulations for the management of such schools as 
are not inconsistent with the school laws. 

Sec. 5. Be it furtlier enacted^ That the city superin- 
dent shall have the general supervision of all the public 
schools in the city, and may teach in one of the highest 
grades of said schools, and shall receive such compen- 
sation, -be subject to such rules and regulations as the 
city board of trustees may establish, and shall make full 
and complete reports to tlie county superintendent as are 
required by law, and shall perform such other duties as 
city superintendent and principal teacher as may be re- 
quired by said city board of trustees, not inconsistent 
with the general school laws of the State. 

Sec. 6. Beit furtlier enacted^ That the city of Opelika, 
as a separate school district, shall receive its proportion- 
ate share of the public school fund, including a^ro rata 
share of the 16th section fund of each township that lies 
partljT- within the corporate limits of the city ; said fund 
to be paid to the treasurer of said Board of Trustees by 
the county superintendent, who shall take the treasurer' s 
receipt in duplicate, and said receipt shall be a voucher to 
the county superintendent, for the disbursement of said 
school fund : Proinded, That the funds thus drawn shall 
be used exclusively for the payment of teachers in said 
public schools. 

Sec. 7. Be it further enacted, That the accounts of 
teachers for services rendered, when approved by the 
Board of Trustees, shall be paid by the treasurer, who 
shall take receipts in duplicaie, and said receipt shall be 
his voucher for the disbursement of said school fund; 
and one of each of said receipts shall be deposited with 
the county superintendent. 

Sec. 8. Be it further enacted, That the present 
'Board of Trustees of the city of Opelika, consisting of five 
members, together with Hon. W. H. Barnes, John W. 
Williams, W. B. Shappard, and B. T. Cooper, shall con- 



14 

•stitute a temporary city Board of Trustees, who sliall hold 
their office until their successors are elected, and said 
trustees shall exercise all the powers and perform all the 
duties heretofore provided for in this act, and shall enter 
upon the discharge of the duties of their office immedi- 
ately upon the passage of this act. 

Sec. 9. Be it further enacted^ That any vacancy 
occurring in the temporary Board of Trustees, shall be 
filled by the remaining members of the board. 

Approved Dec. 14, 1872. 



[No. 16.] AN ACT 

To provide for the support of colored Normal Schools. 

Sectiojst 1. Be it enacted hy the Board of Education 
of the State of Alabama, That there shall be appropri- 
ated, for the maintenance and support of the colored 
Normal schools, the following sums to-wit : For the 
school at Marion, twelve hundred and fifty dollars 
($1,250) ; for the school at Huntsville, one thousand dol- 
lars ($1,000) ; for the school at Sparta, one thousand dol- 
lars ($1,000). 

Sec. 2. Beit further enacted^ That said schools shall 
be continued in operation, in accordance with the pro- 
visions of an act to provide for the education of teachers 
•of colored schools, approved December 20, 187.1 . 

Approved, December 14, 1872. 



[No. 17.] AN ACT 

To regulate Public Schools in the city of Eufaula. 



SectiojN" 1. Be it enacted hy the Board of Education 
of the State of Alahama, That the corporate limits of the 
'City of Eufaula shall constitute a school district, separate 



15 

and distinct from the remaining scliool districts and parts 
of districts of the county of Barbonr. 

Sec. 2. Beitfurtlier enacted, That the city of Eufaula, 
as such school district, shall receive its proportionate 
share of the public school fund, including a pro rata 
share of the sixteenth section fund of each township that 
lies partly within the corporate limits of said city, said 
fund to be drawn and disbursed b}^ the city superintend- 
ent of education, in the same manner as county superin- 
tendents of education draw and disburse funds for their 
respective counties, and the amounts thus drawn by the 
city superintendent of education shall be used exclu- 
sively for the maintenance of the free public schools in 
said city. 

Sec. 3. Be it fwrtTie/r enacted, That the public schools 
of the city of Eufaula shall be under the management of 
a city board of education, consisting of five members, to 
be elected annually by the city council of Eufaula, at 
their first meeting in January, one from each ward of the 
city, and one from the city at large, who shall serve with- 
out pay. 

Sec 4. Be it further enacted, That the city board of 
education, herein provided for, and the public schools 
subject to their management, as aforesaid, shall be under 
the supervision of the city superintendent of education, 
with the same powers and duties as county superinten- 
dent of public education, with such salary as the city 
board of education may determine, to be paid out of the 
city treasury, as other city ofiicers are paid. Said super- 
intendent of education shall be elected by the city board 
of education, the said city board of education and said 
city superintendent to be* under the superintendent of 
public instruction and State board of education, the 
same as all county school ofiicers. 

Sec. 5. Be it further enacted, That it shall be the 
duty of said city superintendent to take general super- 
vision of the public schools in said city, to make full 
and complete reports to the superintendent of public in- 
struction, as the law requires of county superintendents 
of education, and perform such other duties as are re- 
quired of county superintendents, under the general 
school law. 

Sec. 6. Be it further enacted, That the provisions of 
this act shall not be construed to deprive the colored 
race of their j^ro rata share of the public school fund. 

Approved Dec. 14, 1872. 



16 

[No. 18.] AN ACT 

To provide for tlie publication of the School Laws. 



Be it enacted hy the Board of Education of the State 
of Alabamn, That the Superintendent of Public Instruc- 
tion is hereby authorized to have published three thou- 
sand copies of the school laws, passed at this session of 
the board, and such other official circulars as may be 
necessary. 

Approved Dec. 14, 1872. 



[No. 19.] AN ACT 

To constitute the city of Birmingham a school district, 
and for the regulation of the public schools therein. 

SECTioisr 1. Be it ejiacted hy the Board of Education 
of the State of Alabama, That the corporate limits of 
the city of Birmingham shall constitute a school district, 
and separate from the remaining school districts of the 
county of Jefferson. 

Sec. 2. Beit further enacted^ That the city of Bir- 
mingham, as such school district, shall receive its pro- 
portionate share of the public school fund, including a^ro 
rata share of the sixteenth section fund of each town- 
ship that lies partly within the corporate limits of said 
city, said fund to be drawn and disbursed by the city 
superintendent of education in the same manner as county 
superintendents of education draw and disburse funds 
for their respective counties ; and the amount thus drawn 
by the city superintendent of education shall be used 
exclusively for the maintainance of public schools in said 
city. 

Sec. 3. Be it further enacted^ That M. W. Stephenson 
is hereby constituted superintendent of education for 
said city of Birmingham, and as such superintendent 
shall give bond and qualify as required by law of count}'- 
superintendents, and shall be commissioned as superin- 
tendent of public schools in the city of Birmingham . 



17 

And said Superintendent is hereby authorized to co-oper- 
ate with the citizens of the city of Birmingham in keep, 
iug up schools in the said city of Birmingham ; and he 
is also fully empowered and authorized to make with the 
citizens of Birmingham all such necessary and proper ar- 
rangements for the keeping up, managing and conduct^ 
ing the schools in said city, as may be found best for the 
interest of the citizens of said city. 

Sec. 4. Be it furtlier enacted^ That the Superintend' 
ent of Education for the city of Birmingham shall be 
under the jurisdiction and control of the Board of Edu- 
cation of the State of Alabama ; and in the event of a 
vacancy occurring at any time, by death, resignation or 
removal, such vacancy shall be filled by appointment by 
the city council of Birmingham, subject to the approval of 
the Board of Education ; and such appointee shall give 
bond and qualify as other Superintendents. 

Sec. 5. Be it furtlier enacted^ That such Superintend- 
ent shall receive for his services five per centum on the 
funds drawn by him from the State for the support of 
public schools in the city of Birmingham, to be paid out 
of the funds drawn by him for said schools : Provided, 
That in no event his salary shall exceed the sum of one 
hundred dollars per annum. 

Sec. 6. Be it furtlier enacted^ That the city Superin- 
tendent shall, during the month of May, 1873, and every 
two 3^ears thereafter, cause 'to be made an enumeration of 
all the children, white and colored, male and female, be- 
tween the ages of five and twenty-one years, who reside 
in the corporate limits of Birmingham, and make report 
thereof to the Superintendent of Public Instruction of 
the State of Alabama, by or before the first day of Octo- 
ber in each year in which the enumeration shall be taken, 
as provided in this section ; and compensation shall be 
allowed for such enumerations, not to exceed five cents 
for each person enumerated : Promded^ That such com- 
pensation may be paid out of any school funds belong- 
ing to said city of Birmingham. 

Sec. 7. Be it furtlier enacted, That all laws and parts 
of laws in conflict with this act be and the same are here- 
by repealed . 

! Approved December 14, 187^ , 



18 

[JSTo. 20.] AN ACT 

For the relief of Miss Lou. Flake. 

Be it enacted hy tlie Board of Education of tlie State 
of Alahama, That the county Superintendent of Lee 
county be authorized and is hereby required to paj^ Miss 
Lou. Flake the amount of one hundred dollars, or so 
much thereof as is due her for services rendered as a 
teacher in a free public school, in the year 1872, in town- 
ship eighteen (18), range twenty-seven (27), in Lee county, 
said amount to be paid out of the money apportioned to 
said township for 1872-3 : Promded, That she shall file 
in the office of the county Superintendent a legal relin- 
quishment of the claims of the patrons of said school to 
said fund for the years 1872-3 : and Promded furtlier, 
That the county Superintendent shall pay the said Miss 
Lou. Flake whatever amount the said patrons of said 
school may be willing to relinquish of the fund of 1872-3, 
not exceeding one hundred dollars. 

Approved December 14, 1872. 



[No. 21.] AN ACT 

To prevent the employment of teachers, unlass they can 
be promptly paid. 

Section 1, Be it enacted hy tlie Board of Education 
of the State of Alahama, ThEtt on and after the first day 
of January, 1873, county Superintendents of Education 
and township trustees of the free public schools in each 
county in this State, shall cause to be closed all the free 
public schools in their respective townships and counties, 
and shall employ no teacher in any public school in this 
State until said trustees and county Superintendents of 
Education shall be informed by the Superintendent of 
Public Instruction that funds have been provided for the 
prompt payment of said teachers, and until the Superin- 
tendent of Public Instruction shall authorize said county 
Superintendents of Education and township trustees in 
each county to open free public schools therein, 



19 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict witli tliis act be and the same are here- 
by repealed. 

Approved December 14, 1872. 



[No. 22.] A'N ACT 

To abolish the office of School Directors. 

SectiojS" 1. Be it enacted hy tJie Board of Education 
of the Btaie of Alabama, That the office of school direc- 
tors be and the same is hereby abolished. 

Sec. 2. Be it further enacted, That this act shall take 
eifect from and after its passage. 

Sec. 3. Be it further enacted, That all laws, and 
parts of laws, in conflict with this act be and the same 
are hereby repealed. 

Approved December 14, 1872. 



[j^o. 23.] AlSr ACT 

To establish a separate school district within the corpo- 
rate limits of Ozark, Dale county, Ala. 

Sectiois" 1. Be it enacted hy the Board of Education 
of the State of Alahama, That the corporate limits of 
Ozark, Dale county, shall constitute a school district, 
distinct and separate from the remaining school districts 
and parts of districts of the county of Dale. 

Sec. 2. Be it further enacted, That the corporate lim- 
its of Ozark, as such school district, shall receive a pro- 
portionate share of the school fund, including a^:?ro rata 
share of the sixteenth section fund, said fund to be drawn 
and disbursed by the county Superintendent of Educa- 
tion, in the same manner as provided for in other public 
schools in Dale county . 

Sec. 3. Be it further enacted, That the corporate lim- 
its of Ozark shall be under the supervision and control 



go 

of three trustees, who shall be elected by the white legal 
electors within said corporation, and hold their office 
Until the regular time for electing public school trustees, 
and subject to all the rules and regulations of other trus- 
tees in other townships. 

Sec. 4. Be it further enacted^ That the citizens of 
Ozark shall raise a sum of money sufficient, when added 
to the amount to be drawn from the general county ap- 
portionment, to continue said school at least eight months 
during each scholastic year, and that unless the citizens 
of Oziark raise a sum of money as aforesaid, this act 
shall not have the force and effect of law . 

Approved December 14, 1872. 



t]^o.- g4.] AM ACT 

For the relief of E. W. Yann 



Be it enacted hy the Board of Education of the State 
of Alabama, That the county Superintendent of Educa- 
tion for Clarke county be authorized, and he is hereby 
directed to pay E. W. Yann the amount of eighty dol- 
lars,_ or so much thereof as may be found due him for 
services rendered as a teacher of a free public school in 
township seven (7), range three (3), east, out of any un- 
expended funds appropriated to colored schools for said 
township, after payment of all legal claims against said 
township for the year in which said claims accrued. , 

Approved December 14, 1872. 



[No. 25.] AN ACT 

To be entitled an act to extend the term of office of the 
present county Superintendents of Education. 

Section 1. Be it enacted hy the Board of Education 
of the State of Alabama, That the term of office of pres- 



21 

etit county Superintendents of Education be e:k:tended. 
until after the next session of the Board of Education. 

Sec. 2. Be it further enacted^ That all laws and parts 
of laws in conflict with or militating against the provis- 
ions of this act, be and the same are hereby repealed. 

Approved December 14, 1872. 



[No. 20.] AN ACT 

To provide for the distribution of unexpended funds in 
Talladega county. 

Be it enacted hy the Board of Education of the State 
of Alabama^ That the count}'- Superintendent of Talla- 
dega county be and he is hereby directed to appropriate 
any funds heretofore appropriated to pay school direc- 
tors of said county, and unexpended for that purpose for 
the jT-ear 1871-2, to the payment of any legal and subsist- 
ing claims against fractional township twenty (20), and 
range six (6), situated in Talladega county : Promded, 
Such funds be distributed pro rata to the liquidation ot 
said claims that accrued during said year. 

Approved December 14, 1872. 



[No. 27.] AN ACT 

To be entitled an act for the publication of the apportion- 
ment of the School Fund. 



Be it enacted hy the Board of Education of the State 
of Alabama^ That the county Superintendents immedi- 
ately upon the receipt of the annual apportionment of 
the school fund for their counties, shall cause the appor- 
tionment to the several townships in their counties to be 
printed in one paper, published in their counties ; and in 



CElse no paper is publislied a,t the coilnty sitej said ap- 
portionment shall be posted at the court house, in 
writing. 
Approved December 14, 1872 . 



[No. 28.] AN ACT 

For the relief of Miss C. A. Kimball. 

Be it enacted hy tlie Board of Education of tTie State 
of Alabama^ That the county 'Superintendent of Clarke 
county be, and he is hereby authorized and directed, to 
pay Miss C. A. Kimball two hundred dollars, or so much 
thereof as is justly due, out of any funds in his hands 
that may be unexpended, for services rendered as teacher 
in township six (6), and range two (2), in the year 1869 
and 1870 : Promded, Said funds be divided pro rata be- 
tween all legal and subsisting claims of like date. 

Approved December 14, 1872. 



[No. 29.] AN ACT 

For the relief of Caesar Bailey. 

Be it enacted hy tlie Board of Education of tlie Stai^ 
of Alabama, That the county Superintendent of Talla- 
dega county be, and he is hereby authorized and directed? 
to pay Csesar Bailey the amount of forty- eight dollars, 
from colored school funds heretofore appropriated to 
Talladega county, and unexpended, for services rendered 
as teacher in township twenty (20), and range two (2), of 
said county during the year 1871-2. 

Approved December 14, 1872. 



[No. 30.] AN ACT 

To except Walker county from the provisions of an act 
to be entitled an act to fix the salaries of teachers, and 
to provide for supplementing the same. 

Be it enacted hy tlie Board of Education of the State 
of Alabama, That the county of Walker be and is here- 
by excepted from the provisions of section two (2) and 
and section four (4) of said act. 

Approved December 14, 1872. 



[No. 31.] AN ACT 

To repeal section 1 of article 9 of the School Laws of Al- 
abama, as codified by Joseph Hodgson, late Superin- 
tendent of Public Instruction. 

Section 1. Be it enacted by tlie Board of Education 
of the State of Alabama, That section 1 of article 9 of 
the school laws of Alabama, as codified by Joseph Hodg- 
son, late Superintendent of Public Instruction, which is 
in the following words and figures, to-wit. "In each 
county in this State a county Superintendent of Educa- 
tion, and two school directors, shall be elected by the 
qualified electors on the first Saturday in March, in the 
year 1871, and every two years thereafter, who shall hold 
their office for two years, or until their successors are 
elected and qualified," be and the same is hereby repealed 
and held for naught. 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 

Approved December 14, 1872. 



[1S.0. 32.] , AN ACT 

To provide for the removal of County Superintendents of 

Education. 

Section 1. Be it enacted by the Board of Education 
of the State of Alabama, That the Superintendent of 



24 

Public Instruction be, and is hereby authorized and em- 
powered, to remove county Superintendents of Educa- 
tion on proof of their being guilty of grossly immoral 
conduct, or drunkenness. 

Sec. 2. Be it further enacted^ That whenever there is 
a vacancy, by death, resignation, removal, or otherwise, 
in office of county Superintendents of Education, such 
vacancy shall be filled by appointment by the Superin- 
tendent of Public Instruction, on the recommendation of 
both members of the board of directors in the county in 
which said vacancy may occur : Provided, That in case 
the board of directors fail to recommend, or fail to agree 
in recommending a person to fill said vacancy, the Su- 
perintendent of Public Instruction shall fill the vacancy 
by appointment. 

Sec. 3. Be it further enacted, That all laws and parts 
of laws in conflict with this act be and the same are here- 
by repealed. 

Approved December 14, 1872. 



[No. 33.] AN ACT 

In relation to the State Normal School at Florence. 



Sectioist 1. Be it enacted by the Board of Education 
of the State of Alabama, That a board of Directors be, 
and is hereby established, consisting of the following 
named persons: A. II. Jones, James B. Irwin, N. H. 
Rice, R. M. Patton, T. T. Aliington, B. P. Joiner, R. C. 
Pickett, W. B. Wood and Hon. Joseph H. Speed, Su- 
perintendent of Public Instruction, and which shall be 
known by the name and style of the Board of Directors 
of the State Normal School ; and said directors shall 
hold their oflace at the pleasure of the board, and shall 
receive no compensation. 

Sec. 2. Be it furtlier enacted, Tliat any vacancy 
in said board of directors, caused by death, resignation, 
or otherwise, shall be filled by the remaining members, 
subject to the approval of the board. 

Sec. 3. Be it furtlier enacted, That the board of di- 
rectors provided for in this act shall meet in the Univer- 
sity building, in Florence, at such time as may be desig' 



S5 

nated by the Superintendent of Public Instruction, not 
exceeding sixty days after the passage of this act, and at 
such other times and places as the Board may appoint. 

Sec. 4, Be it furtJier enacted, That at their lirst meet- 
ing the members of the Board of Directors shall choose 
one of their number as president of their own board, 
who shall not vote on any question, except in case of a 
tie ; and they shall elect a secretary and treasurer, and 
they shall take such bond from such treasurer as they 
shall deem sufficient and adequate to secure the faithful 
performance of his duties, at least double the amount 
that he may have in hand at any one time ; said bond to 
be approved by the county Superintendent and probate 
Judge of Lauderdale county, and a certified copy thereof 
shall be filed in the ofiice of the Superintendent of Public 
Instruction. The secretary and treasurer shall be chosen 
annually, and shall hold their offices until their succes- 
sors are elected and qualified. 

Sec. 5. Be it furtJier enacted, That the board shall, 
under the restrictions and limitations of this act, direct 
the disposal of any and all monies appropriated to said 
school, and shall prescribe the duties of the secretary 
and treasurer thereof. 

Sec. 6. Be it further enacted, That it shall be the duty 
of said board to organize said JSTormal School upon the 
most approved plan of said school ; to elect a president 
and a complete and sufficient f-orps of instructors, who 
shall constitute the faculty of said Normal School ; and 
the board shall adopt suc-h rules and regulations as may 
be necessary for the organization and successful operation 
of said Normal School. 

Sec. 7. Be it further enacted, That it shall be the 
duty of said faculty to establish a course of instruction 
with special reference to educating teachers in the theory 
and practice of teaching ; to pass all needful rules and 
regulations necessary for the discipline of said Normal 
School, subject to the approval of the Board of Educa- 
tion. 

Sec. 8. Be it further enacted. That the president of 
the Board of Directors shall make a full and complete 
annual report to the Board of Education, through its 
president, of the operations of said Normal School, speci- 
fying the number of pupils, the number of professors*or 
teachers, the amount of salary of each, the amount of 
money received and disbursed, and such other informa' 
tion as maj be required by law. 



26 

Sec. 9. Be it furtlier enacted^ That applicants for 
admission to said Normal School shall be not less than 
fifteen years of age, and shall sustain a satisfactoiy 
examination in such studies as may be required by the 
faculty. 

Sec. 10. Be it furtlier enacted^ That students shall 
be admitted from any portion of the State, and shall 
receive instructions free of charge for tuition, upon sign- 
ing a written obligation to teach at least two years in the 
public schools of Alabama ; and said obligation shall be 
filed in the office of Superintendent of Public Instruction : 
Provided, That any student may be released from said 
obligation by paying such tuition as may be established 
by the Board of Directors. 

Sec. 11. Be it further enacted, That upon the com- 
pletion of the prescribed course of study in said Normal 
School, and after sustaining a satisfactory examination, 
upon the recommendation of the president, approved by 
the Board of Directors, the Superintendent of Public 
Iristruction shall issue a State certificate to the graduates 
of said Normal School, which shall entitle them to teach 
in any public school in the State, without any .further 
examination. 

Sec. 12. Be it furtlier enacted. That in connection 
with said Normal School there may be established a 
public school, or other school. 

Sec. 13. Be it further eioacted, That the sum of five 
thousand dollars ($5,000 00) shall, from and after the 1st 
day of October, 1873, be annually apportioned out of 
the general fund for whites, to carry out the provisions 
of this act : Provided, That no portion of said sum shall 
be used for any other purpose whatever than the pay- 
ment of teachers in said Normal School. 

Sec. 14. Be it further enacted, That the money appro- 
priated and due to said school shall be certified semi- 
annually, by the Superintendent of Public Instruction, 
to the State Auditor, upon application of the president 
of the Board of Directors, and the State Auditor shall 
thereupon draw his warrant on the State Treasurer in 
favor of the treasurer of said Normal School for the 
amount thus certified.. 

Sec. 15. Be it further enacted, That all laws and parts 
of laws in conflct with the provisions of this act, be and 
the same are hereby repealed. 

Approved December 14, 1872. 



^7 

[No. 34.] AN ACT 

To repeal an act entitled An act to provide for free tuitioil 
at the University of Alabama. 

SECTioisr 1. Beit enacted hy the Board of Education 
of the State of Alabaina, That an act entitled an act to 
provide free tuition at the University of Alabama, be and 
the same is hereby repealed. 

Sec. 3. Be it further enacted:, That this act shall take 
effect from and after the close of the present scholastic 
year. 

Passed over the Governor's veto, December 9, 1872. 



[No. 35.] AN ACT 

To establish a Normal School at Florence, Alabama, for 
the education of white male teachers. 

SECTioisr 1. Be it enacted hy the Board of Education 
of the Stole of Alabama, That if the president and 
trusteees of the Florence Weslej^an University shall, by 
January 25th, 1873, cause to be deposited with the State 
Superintendent of Public Instruction a deed to the 
grounds and buildings of the Florence Wesleyan Uni- 
versity, which deed shall be in favor of the Board of 
Education of the State of Alabama, then, by the 1st of 
October, 1873, and in consideration of the above named 
deed, there shall be permanently established in said Uni- 
versity buildings a school for the education of white male 
teachers, which teachers shall be taught on such condi- 
tions, and under such restrictions, as may be hereafter 
prescribed by law : Provided, That any pupil may be re- 
leased from all obligations to teach by paying a moderate 
tuition for the time he may attend the school : Promded, 
further. That as an additional consideration for the above 
named deed, that there shall be annually appropriated 
and set apart, from and after the first day of October, 
1873, at least iive thousand dollars of the general educa- 
tional fund of the State apportioned to the whites for the 
support and maintenance of said school : Provided, fur- 
ther. That the grounds and buildings of the said Florence 
Wesleyan University shall remain in the possession and 
under the control of the said president and trustees, 
f^ee of all charges for rent or use, until October 1st, 1873. 



S8 

Sec. 2. Be it further enacted, That whenever the 
president and trustees of the said Florence Wesleyan 
University shall deposit, o'r cause to be deposited, the 
deed as provided in the first section of this act, and 
within the time therein named, then the said Superin- 
tendent of Public Instruction shall execute a receij)t 
therefor as received from the president and trustees, by 
the hands of the person depositing the same, and such 
receipt shall be conclusive evidence that the said presi- 
dent and trustees have complied fully with the require- 
ments against them by the provisions ot this act. 

Sec. 3. Be it further enacted, That all laws and 
parts of laws in conflict with this act be and the same 
are hereby repealed. 

Approved December 14, 1872 . 



[No. 1.] RESOLUTION 

Of the Board of Education. 

Be it resolmd hy the Board of JEclucation of the State 
of Alabama, That the Secretary of the Board of Ed- 
ucation is hereby authorized and required to have pub- 
lished, in pamphlet form, five hundred copies of the 
proceedings of the Board of Education and Board of Re- 
gents at their present session, under the direction and 
supervision of the Superintendent of Public Instruction. 

Be it further resolved, That said secretary be and 
is hereby authorized and required to have expressed to 
each member of the Board of Education fifteen copies 
of said proceedings, when published, and to deliver the 
remainder to the Superintendent of Public Instruction. 

Be it further resolmd, That the Secretary of the 
Board be allowed one hundred dollars for preparing 
record for publication, in pamphlet form. 

Approved December 14, 1872. 



[No. 2.] RESOLUTION. 

1. Resolmd, That the Board of Education gives its 
approval and endorsement of the j)lan suggested by Mr. 
Joel White in his petition presented to the Board of 
Education to-day, for the publication of the Alabama 
School Journal. 



29 

2. Mesolved, That the Alabama School Journal be, 
and is hereby made the official journal of this Board, in 
so far™as the'pages of any periodical can be nsed and en- 
couraged by publication to be made hereafter by this 
Board. 

3. Resolmd, That Joel White, Esq., be requested to 
become the publisher of the same. 

4. Besolved, That the Superintendent of Public In- 
struction be and he is hereby requested to co- operate 
with Mr. White, fully and heartily, in the spirit and ob- 
jects of this publication. 

Approved December 14, 1872. 



INDEX 



Apportionment, publication of 21 

Brown's First Lines of G-rammar 6 

Institutes of Grammar 6 

Bailey, Csesar, relief of 22 

Board of Education, publication of proceedings 28 

Birmingliam a school district, 16 

Contingent Fund 4 

County Superintendents, appoint examining com'ittees 6 

term of office extended 20 

cause of removal of 23 

Dillon, Frank, relief of 4 

Distribution of surplus fund of '68-9-70-1 7 

Defaulting school officers 10 

Directors, office of, abolished 19 

Examining Committee, appointment of 6 

Eufaula a school district 14 

Employment of teachers when money to pay 18 

Flake, Miss Lou., relief of 18 

Florence, Normal School at 24, 27 

Grammar, Institutes of 6 

Kimball, C. A., relief of 22 

Laws, School, publication of 16 

McKinstry, Alexander, relief of 3 

Martin, Mrs. Sophia W., relief of 3 

Mancill, E., relief of 4 

Normal Schools, relief of 14 

Normal School at Florence 24, 27 

Opelika a school district 12 

Ozark a school district • 19 



:^^ 



32 



Publication of apportionment 21 

Proceedings ot Board, publication of 28 

Repeal of free tuition in University 27 

Repeal of section 1, article 9, of school laws 23 

Relief of Alexander McKinstry 3 

Mrs. Sophia W. Martin 3 

E. Mancill 4 

Frank Dillon 4 

Ed.- W. Sewell 5 

Miss Lou Flake 18 

M. F. Whatley 5 

E. W. Yann 20 

C. A. Kimball 22 

Csesar Bailey ... 22 

Superintendents of Education appoint examining coi^- 

mittee 6 

term of office extended. 20 
to keep office at county 

seat 9 

cause for removal of . . . 23 

Surplus fund of '68-9-70-1 7 

Talladega 21 

Suits against defaulting officers 10 

Selma a school district 10 

Schools only taught when money to pay for 18 

School directors, office of, abolished 19 

journal 28 

Text books, introduction of 8 

Teachers only employed when money to pay 18 

Talladega, surplus fund in 21 

University, free tuition in, abolished 27 

Whatley, M. P., relief of 5 

Walker county, exempt from certain act 23 

White, Joel, resolution of approbation 28 

Yarbrdugh, Thomas H., relief of 5 



LBFe'C 



